October 30, 2024

How Much Does an LLC Cost in South Dakota


It costs at least $150 to form an LLC in South Dakota. But these additional expenses could increase the total to over $3,000.

How much does it cost to start an LLC in South Dakota?
Here are the following fees to consider:

South Dakota, with its vast prairies and fertile fields, offers more than just scenic beauty.

In the land of infinite variety, profits aren't taxed away, regulations are minimal, and a strong work ethic is rooted in the culture. If this sounds appealing, forming an LLC in South Dakota might be right for you.

But how much does it cost to form an LLC in South Dakota? This in-depth guide breaks down the expenses, starting with the one-time state filing fee.

Articles of Organization

One-Time Fee: $150 (online) | $165 (paper)[1]

To form an LLC in South Dakota, you must submit the Articles of Organization to the Secretary of State. Once the documents are approved, your LLC will be recognized as a separate legal entity.

A South Dakota LLC's Articles of Organization contains the following information, among other details:[2]

You can file the Articles of Organization online, by mail, or in person. Online filings are typically processed as soon as they're received.[3]

What is an LLC Organizer?
In South Dakota, an LLC organizer is the person who filed the Articles of Organization with the Secretary of State. This person can be an LLC member, registered agent, or someone else.

Certificate of Authority

One-Time Fee: $750 (online) | $765 (paper)[1]

If you already have an LLC in another state and want to expand your business to South Dakota, register it as a foreign LLC.

To create a foreign LLC in South Dakota, you must file a Certificate of Authority with the Secretary of State. Don't forget to attach a Certificate of Good Standing from your domestic state.

Why are foreign LLCs more expensive to form than domestic LLCs?
Forming a foreign LLC costs more in South Dakota because the administrative process is more complex. A foreign LLC has more paperwork and compliance requirements compared to a domestic LLC.

Annual Report

Annual Fee: $50 (online) | $65 (paper)[1]

All LLCs in South Dakota must file annual reports with the Secretary of State. It lets the government, banks, and anyone who can access public records know that your business is still active.

In South Dakota, annual reports are due on the first day of the LLC's anniversary date.[3] For example, if you filed the Articles of Organization on September 21, 2024, the annual report is due by September 1 yearly.

What happens if I don't file the annual report?
The Secretary of State could tag your LLC as delinquent. This could prevent you from opening business bank accounts, securing loans, and renewing business permits. You must submit the annual report and pay the filing fee, plus a $50 penalty, to remove the delinquent status.[3]

Business Permits and Licenses

Cost: Typically $50+

South Dakota does not have a state-level general business license. Instead, it prefers to leave business licensing requirements to local jurisdictions and specific industries.

In Sioux Falls, the largest city in South Dakota, business licenses range from $50 to $500+ depending on the type of business.

In Rapid City, a tourist destination and the second-most populous city in the state, business permits typically cost upwards of $50.

The number of permits and licenses your LLC needs depends on its business purpose. Some businesses may be regulated by various governmental offices simultaneously and could renew yearly.

Business Taxes

Cost: 10% to 37% of taxable income[4]

South Dakota is one of the few states that doesn't charge a state income tax. However, since the LLC's profits are passed on to its owners, you must still pay the federal income tax based on your taxable income.

Federal Income Tax Rates:[5]

Tax RateTaxable Income
10%$0 to $11,000
12%$11,001 to $44,725
22%$44,726 to $95,375
24%$95,376 to $182,100
32%$182,101 to $231,250
35%$231,251 to $578,125
37%$578,126 and up

Don't forget the 15.3% federal self-employment tax.[6]

Write off expenses
The fees that you'll incur when forming an LLC can be claimed as tax deductions. You can write off the following expenses:

Optional Fees

While the fees below are generally optional, some are unavoidable depending on your business needs.

For example, obtaining a Certificate of Good Standing is often necessary when opening an LLC bank account.

South Dakota LLC Optional FeesCost
Expedited Services$50
Registered Agent ServicesUp to $300+
Change of Registered Agent$10
Operating AgreementUp to $500+
Employer Identification Number$50 to $99
BOI Report$25 to $149
LLC Name Reservation$25
DBA Name$10
Amendment$60
Certificate of Good Standing$20 to $35
Certified Copy of Documents$15 + $2 per page
Website Domain$10 to $20
Business Insurance PremiumsVaries

Expedited Services

Cost: $50[1]

South Dakota offers expedited services for most of its filings. If you pay the fee, the Secretary of State will prioritize processing your documents sooner than the state's processing times.

However, South Dakota doesn't specifically state how long it takes to process your documents, even with expedited services. That said, make sure to file your Articles of Organization as early as possible.

Registered Agent Services

Annual Cost: $0, or $100-$300/yr

In South Dakota, you must have a registered agent to receive business and legal documents for your LLC. This includes government notices, tax forms, and annual reporting forms.

You can technically be your LLC's registered agent—as long as you're at least 18 and have a physical street address in South Dakota. You must also be available to receive documents during business hours.

However, your address will be public record. So many LLCs like to hire a registered agent service to keep their personal details private. These services usually charge $100-$300 per year to be your registered agent.

Do I need an attorney to form an LLC?
No, you don't need an attorney to form an LLC in South Dakota. You can form on your own or hire a formation service to help you.

Change of Registered Agent

Cost: $10[1]

In South Dakota, an LLC can change its registered agent's details by filing a form with the Secretary of State. Changes include the registered agent's name and address.

Change of Agent vs. Amended Articles
In South Dakota, the Amended Articles are used to change the business name, address, and other details. The Change of Registered Agent form is focused solely on changes regarding the registered agent.

Operating Agreement

Cost: $0, or up to $500+

LLCs in South Dakota are not required to have an operating agreement. However, it's recommended because it defines important rules and regulations that all members must follow.

An LLC operating agreement contains the following:

  • The roles and responsibilities of each member
  • How new or departing members will be treated
  • How business profits and losses will be divided

Ideally, you should already have a signed Operating Agreement before forming an LLC in South Dakota. But if your LLC is already formed, you can always draft it yourself after.

Alternatively, an LLC attorney might charge you a $500 flat fee for a standard operating agreement. If you have more complex details, the cost could be higher.

Save money with a free operating agreement template.
You can write your own with free online operating agreement templates. If you want a professional to create it for you, LLC services usually offer this as a part of their packages for much less than attorney costs.

Employer Identification Number

Cost: $0, or $50 to $99

Any LLC with more than one member or with employees must have an EIN, regardless of how it's taxed. This is a unique nine-digit number assigned by the Internal Revenue Service (IRS) to identify a business entity for tax-related purposes.

You can just apply for an EIN for free on the IRS website. But if you'd like an LLC service to process it for you, you can do so for a small fee. Here are some providers that do this and their pricing:

Single-member LLCs in South Dakota don't require an EIN, but it's almost essential in practice. For instance, you'll need one if you hire employees or want to open a business bank account.

Does my LLC need a bank account?
Yes. Separating your LLC's finances from personal assets is a requirement of liability shielding. Use a separate bank account to accept payments and pay business expenses to prevent piercing the corporate veil .

BOI Report

One-Time Cost: $0, or up to $149

The Beneficial Ownership Information (BOI) is a one-time report that must be submitted to the Financial Crimes Enforcement Network (FinCEN) within 90 calendar days of your LLC's formation.[7]

It includes information about the LLC's beneficial owners, including name, birth date, and address.

FinCEN doesn't charge a fee to submit your BOI report. But you can pay an LLC service to process it for you and save yourself the hassle:

You're considered a beneficial owner if you own 25% or more of the ownership interests in your LLC. Or if you exercise substantial control over the LLC.

Name Reservation

Cost: $25[1]

You can reserve your desired name first if you've already got a business name but aren't ready to form an LLC. This will prevent others from using that name for 120 days.[8]

If you need more time, renew the name reservation for the same fee and get another 120 days. However, this can only be done 60 days after the first name reservation's expiry date.[8]

Remember to review South Dakota's naming regulations. For example, an LLC name must include LLC, Ltd., or similar.

Websites for growing businesses
Check online to see if your business name is available as a web domain. Even if you don't plan to make a business website today, you may want to buy the URL to prevent others from acquiring it.

Fictitious Name

Cost: $10[1]

A fictitious name (also known as "Doing Business As" or DBA) allows your LLC to operate under a name different from its legal name registered with the state.

Some LLCs use a DBA for branding purposes. It's also ideal if you want to use a name without "LLC" at the end.

In South Dakota, a DBA must be renewed every five years for as long as the business uses it.[9]

A DBA is not a trademark.
A DBA or fictitious name allows a business to operate under a name different from its legal name. Meanwhile, a trademark is an intellectual property protection that legally protects your brand name, logo, or slogan at the national level.

Articles of Amendment

Cost: $60[10]

Your South Dakota LLC's Articles of Organization contains specific details about your business. Should these details change, you must file an amendment to the Secretary of State.

File the Articles of Amendment if you:

  • Change the LLC name
  • Have a new business address
  • Appoint a new registered agent

You must also file a change of registered agent form with the $10 filing fee if you update your registered agent's details. Some registered agent services shoulder this fee for new customers.

Certificate of Good Standing

Cost: $20 (online) | $35 (paper)[1]

A Certificate of Good Standing is an official document by the Secretary of State. It verifies that your LLC is updated with all state filings and has paid all its fees and taxes.

You might need a Certificate of Good Standing to:

What to Do if Your LLC is in Bad Standing
Contact the Secretary of State to ask why your LLC is in bad standing. The most common reasons include:

After paying the outstanding fees and filing late documents, you might also need to pay a $50 delinquency fee and a $150 reinstatement fee.[1]

Certified Copies

Cost: $15 + $2 per page[1]

Certified copies of documents verify that your LLC is legitimate and that its details are accurate.

You might need these for circumstances like opening a business bank account or expanding your LLC in another state.

Additionally, some LLCs keep certified copies of their initial Articles of Organization and amendments (if any) for recordkeeping purposes.

You'll only pay $2 per page if you don't need the document copies certified.[1]

Business Website Domain

Annual Fee: $10 to $20

A website domain and social media presence provide dedicated online spaces for your business. It's essential for marketing, customer engagement, and brand visibility in today's digital world.

Even if you aren't planning to build a business website now, you could still buy the domain name. This will prevent others from using your LLC's name as a web address.

Beware of website domain squatters.
Domain squatters often monitor newly registered LLC names. They purchase corresponding website domains and then resell them at significantly higher prices.

Business Insurance Premiums

Cost: Varies

South Dakota is one of the few states that does not require workers' compensation insurance.[11] However, having one is highly recommended to prevent significant financial losses.

Additionally, consider protecting your LLC's assets with other types of insurance:

The cost depends on factors like the number of employees, the risk level of your industry, and your past insurance claims.

Bottom Line

Forming an LLC in South Dakota requires at least $150 for the Articles of Organization state filing fee.

Your expenses in the first year might also include:

That said, expect to shell out $235 or more to form an LLC in South Dakota. Ultimately, it's never a bad idea to set aside an extra budget for unexpected fees.

References

  1. ^ South Dakota Secretary of State. Filing Fees, Retrieved 09/09/2024
  2. ^ South Dakota Secretary of State. Articles of Organization, Retrieved 09/09/2024
  3. ^ South Dakota Secretary of State. Frequently Asked Questions, Retrieved 09/09/2024
  4. ^ IRS. Federal income tax rates and brackets, Retrieved 09/10/2024
  5. ^ IRS. Federal income tax rates and brackets, Retrieved 10/11/2024
  6. ^ IRS. Self-employment tax (Social Security and Medicare taxes), Retrieved 09/10/2024
  7. ^ Financial Crimes Enforcement Network. Beneficial Ownership Information, Retrieved 10/02/2024
  8. ^ South Dakota Secretary of State. Application for Reservation of Name, Retrieved 09/10/2024
  9. ^ South Dakota Secretary of State. Register a DBA - Business Name, Retrieved 09/10/2024
  10. ^ South Dakota Secretary of State. Application for Amended Articles of Organization, Retrieved 09/10/2024
  11. ^ South Dakota Department of Labor & Regulation. Workers' Compensation, Retrieved 09/10/2024

Nicole King is a research analyst at CreditDonkey, a business formation services comparison and reviews website. Write to Nicole King at nicole.king@creditdonkey.com. Follow us on Twitter and Facebook for our latest posts.


How Much Does It Cost to Form an LLC?

Forming an LLC can be the next step for your business. But how much will it cost? Read on to learn about the different LLC formation fees.

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